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On 7 December 2022, Minister François-Philippe Champagne, Minister of Innovation, Science and Industry, announced the Canadian government introduced legislation to amend the Investment Canada Act, known as the National Security Review of Investments Modernization Act. While the proposed amendments at first appear to be a dramatic overhaul of the existing national security review framework for foreign investment in Canada, they are generally consistent with other recent legislative amendments and policy developments related to Canada’s national security, and with trends in other jurisdictions. The proposed changes heighten the importance of proactive planning to address national security risks arising in commercial transactions and other forms of foreign investment.

On 2 December 2022, Canada announced further amendments to the Special Economic Measures (Iran) Regulations in response to the Iranian regime’s “gross and systematic human rights violations and actions that continue to threaten international peace and security”. These amendments list an additional four individuals and five entities under Schedule 1 of the Regulations and took effect on 29 November 2022.

On 21 November 2022, Global Affairs Canada released a new version of A Guide to Canada’s Export Control List (December 2021), which goes into effect on 21 December 2022. The current version of A Guide to Canada’s Export Control List (December 2020), will remain in effect until 20 December 2022.
The Guide includes the detailed list of military and strategic goods and technology that are subject to export controls, including dual-use, munitions, nuclear non-proliferation, nuclear-related dual-use, miscellaneous goods and technology, missile technology control regime, and chemical and biological weapons non-proliferation lists.

The Department of Finance released draft legislation on 3 November 2022 introducing new reporting obligations applicable to certain digital platform operators. These rules are intended to implement the OECD’s Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy originally released in July 2020. These new Canadian measures are proposed to come into force on 1 January 2024.

The Government of Canada has amended the federal Competition Act, Canada’s consolidated antitrust statute, to criminalize wage-fixing and no-poach agreements between employers, effective 23 June 2023. The criminal prohibition will apply to all employers, and is not limited only to those in competing sectors or industries. Employers who contravene the new prohibition against labor-related collusion risk incurring significant fines, the potential for imprisonment, or both, and heightened private and class action litigation risk.